DIFFERENT OPINIONS IN RELATION TO SEVERAL RECENT AMENDMENTS MADE TO THE SPECIAL PART OF THE PENAL CODE

The purpose of this article is to analyze the effects of the adoption of Law No.201/2016, Law No.83/2017, Law No.119/2017, Law No.141/2017 and Law No.164/2017 on certain rules from the Special part of the Penal Code. It is concluded that the changes, made by Law No.201/2016 to the Special part of the Penal Code are justified. Firstly, these changes are in line with the rule set out at lett.e) art.19 of Law No.780/2001, as well as at lett.c) par.(1) art.54 of Law No.100/2017. Secondly, the phrase “physical or mental disability” (which was used before the entry into force of Law No.201/2016), associated with the term “disabled”, may have stigmatizing connotations. Such terms and phrases should not be used in the Penal Code. In another context, it is considered opportune to complete the Penal Code with art.2012, par.(21) art.2791 and art.2793. The adoption of these new rules will contribute to the more effective protection of the social relations regarding the development of the minor and respectively, the social relations regarding the prevention of terrorism-related activities. In this study for the first time are analyzed the constitutive elements of the offences stipulated in art.2012, par.(21) art.2791 and art.2793 PC RM. In the final part of this investigation, there is analyzed the conflict between Law No.141/2017 and Law No.164/2017, generated in this case by the legislator's inadvertence. Resolving this conflict involves the following solution: it is not Law No.141/2017, but Law No.164/2017 that has produced its effects on par.(2) art.248 and par.(1) art.2641PCRM.

Explanatory Report to the Additional Protocol to the Council of Europe Convention on the Prevention of Terrorism. [Accesat: 06.01.2018] Disponibil: https://rm.coe.int/CoERMPublicCommonSearchServices/DisplayDCTM Content? documentId=090000168047c5ec